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NY F87842




June 14, 2000

CLA2-RR:NC:341:F87842

CATEGORY: CLASSIFICATION

Mr. Ernest Ferrante
Kuehne & Nagel
10 Exchange Place- 19th Floor
Jersey City, New Jersey 07302

RE: Country of origin determination for toiletry bags; 19 CFR 102.21(c)(4)

Dear Mr. Ferrante:

This is in reply to your letter dated June 8th, 2000, on behalf of Alpha Logica, requesting a classification and country of origin determination for toiletry bags that will be imported into the United States.

FACTS:

The subject merchandise consists of two items, identified as "AL-74829". One sample has been submitted. It is a kit bag of a kind similar to the traveling or toiletry bags of heading 4202, HTSUSA. You state the bags are to be used as amenity kits for American Airlines. Both bags are identical except for the dimensions; one measures approximately 7" x 3 3/4" x 2" and the other measures approximately 7 1/2" x 4 1/2" x 2 3/4". The exterior surface of the bags is comprised of 100% nylon textile material. The interiors are padded, lined, and have an open pocket on the top interior lid. A zip-around closure secures the top opening. The applicable subheading for item AL-74829 will be 4202.92.3031, HTSUSA.

The manufacturing operations for the toiletry bags are as follows:

Taiwan

Sew exterior fabric, foam padding, cardboard insert, interior lining, interior pocket, and piping to create top panel.

Sew exterior fabric, foam padding, and lining to create gusset panel.

Sew zipper and two zipper pulls to gusset panel.

Sew exterior fabric, foam padding, cardboard, and piping to create bottom panel.

China

Sew top panel to gusset panel

Sew bottom panel to gusset panel

Sew inside binding to fabric lining

Final trimming and cutting of loose thread

ISSUE:

What are the classification and country of origin of the subject merchandise?

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"

Paragraph (e) in pertinent part states that "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section":

4202.92.15-4202.92.30A change to subheading 4202.92.150 through 4202.90.30 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

Accordingly, as the toiletry bags are not wholly assembled in a single country, Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred".

In the case of the subject merchandise, the sewing of the individual panels together, thereby creating the identity of the toiletry bags, constitutes the most important assembly process(es). Accordingly, the country of origin AL-74829 is China.

HOLDING:

The country of origin of AL-74829 is China. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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